Tuesday, February 24, 2015

How to Read a Judgment

"For law students and practitioners, reading a judgment is nothing new. It is something ingrained in you from the moment you immerse yourself in the world of law."

"The problem is that as a law student, you are not alwways taught how to read the judgment in the most effective way. I remember on one too many occasions slaving over a judgment, including the notorious Factortame, only to realise afterwards that in fact the approach I took of reading every line with a fine-tooth comb was rather unnecessary."

"Through trial and error, of which there has been much, I have devised a set of tips that I now follow when facing this task. This guidance has proven effective at streamlining the time spent on legal research, focussing my mind on the bits I really need to know rather than the "fluff". They are suitable for anyone who comes into contact with, or has an interest in, case law and is looking for a way to expedite the process of reading it."

The tips are:

Avoid discussion of the facts

Skirt around counsels' arguments

Look out for an overview of the decision at the beginning of the judgment

Be eagle-eyed for evidence of the decision from the judges' tone and use of language

If time is of the essence, ensure you read the conclusions of the judges at the end of their decision

Read the dissenting opinions as these often provide another insight into the legal issue in dispute

Disclaimer

Neither the content nor the views contained in this blog represent the positions of my employer or of any association to which I belong. Any links to a news article, an academic study or another blog post should not be considered to indicate any form of endorsement on my part or on that of my institution. This is a purely personal blog for the purposes of sharing information about library issues and legal research.